A Lords debate over the shift of licensing control to local authorities could force the government to clear up some major trade concerns before Christmas.
Two members of the House of Lords have questioned the reason for the move in control away from magistrates in the Licensing Bill proposals, saying it could spell temporary closures for pubs and lead to political interference.
Baroness Buscombe and Lord Luke, who are both spokesmen for the Department for Culture, Media and Sport, have tabled an amendment to the bill which is due to go to the committee stage on December 12.
Baroness Buscombe told thePublican.com: "We are simply asking for an explanation as to why that decision has been made and how it's going to work.
"Clearly the government has decided to move control to local authorities and we're not going to prevent that.
"However, we've launched this probing amendment to ask serious questions as to why the government is set to move the licensing system away from magistrates control."
Baroness Buscombe is going to ask the government to explain clearly to licensees, local authorities and consumers how the new procedure is going to work.
She has asked for evidence on how the government is going to deal with possible delays, provide information on fees and explain how it's going to help local authorities set up the new licensing system.
Baroness Buscombe said if no satisfactory answers were given she would raise the questions again at the report stage in February.
"We may vote at this stage on a sensible time frame to make the transition to the new system. I think this should be extended to 18 months rather than just a year."
The fresh debate has been welcomed by Stuart Neame, of Kent brewer Shepherd Neame, who has been fighting to "kill the bill".
He said: "I'm hoping an amendment will be made next year by the Conservatives that all peers can vote on.
"Keeping the magistrates in charge of licensing will be an improvement on the bill and would increase its chances of being successfully introduced. It would get the trade's co-operation and support which is obviously very important."
Rob Hayward, chief executive of the British Beer and Pub Association, agreed that details of the fee structure and national guidance should be included as part of the bill.
Baroness Buscombe was adamant that her questions would not block the bill.
"I'm in favour of liberalisation of licensing but it's never been explained how it's going to work," he said. "The purpose is to ask important questions and I expect clear answers before the bill leaves the House of Lords."
Licensing update:
Trade organisations are lobbying members of the House of Lords about the new Licensing Bill.
The associations - which include the Association of Licensed Multiple Retailers and the British Beer and Pub Association, among others - have joined forces and are currently writing letters to all the peers that have expressed concerns about the details of the bill.
They will be putting forward the trade's fears about local authority control, fees and national guidance.
Stuart Neame is also encouraging licensees to write directly to Baroness Buscombe to express their concerns on local authority control.
Related articles:
House of Lords raises concerns over reform bill details (28 November 2002)